Defence Act 1954

Chapter IV.

Investigation and Summary Disposition of Charges, Remands for Court-martial and Dispensation with Trial by Court-martial .

Annotations:

Modifications (not altering text):

C48

Certain investigations under Chap. IV (ss. 175-184) excluded by Ombudsman (Defence Forces) Act (36/2004), s. 5(1)(b) and (e)(i), as amended (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 11 and sch. 4 pt. 4, S.I. No. 254 of 2008.

Exclusions.

5.—(1) The Ombudsman shall not investigate any complaint concerning an action referred to in section 6 (1) or 6(2)— ...

(b) if the action has been or is the subject of an investigation under [Chapter IV of Part V of the Act of 1954 ] of the Act of 1954 or by a service tribunal and is not an action concerning delay or any other matter concerning the administration of such investigations,

...

(e) if the action is one—

[(i) involving the exercise of the right or power referred to in Article 13.6 of the Constitution or the remission of any forfeiture or punishment awarded under Chapter IV of Part V of the Act of 1954, by a court-martial or by the Courts-Martial Appeal Court, or ]

...

Acquittal or conviction to be a bar to summary proceedings.

175

175. (1) Where—

( a) a person has been charged with an offence against military law, and

( b) (i) he has been acquitted or convicted of the offence by a civil court, or

(ii) he has been acquitted of the offence by a court-martial, or

(iii) he has been found guilty of the offence by a court-martial F149 [ ],

he shall not be liable to be dealt with summarily for the offence under this Chapter.

(2) Where—

( a) a person subject to military law is charged with an offence against military law, and

( b) the offence was dealt with under this Chapter either by being dismissed or being dealt with summarily,

he shall not be liable to be dealt with summarily again under this Chapter in respect of that offence.

Annotations:

Amendments:

F149

Deleted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 4(2) and sch. 2, S.I. No. 254 of 2008.